Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2022
CASE NO(S).: OLT-21-001723
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Spallacci Contracting Ltd.
Subject: Request to amend the Official Plan - Failure of the City of Hamilton to adopt the requested amendment
Existing Designation: “Neighbourhoods” (High Density Residential)
Proposed Designation: “Neighbourhoods” (High Density Residential)
Purpose: To Permit a mixed-Use redevelopment with 3 residential towers
Property Address/Description: 299-307 John Street South & 97 St. Joseph Drive
Municipality: City of Hamilton
Approval Authority File No.: UHOPA-18-004
OLT Case No.: OLT-21-001723
OLT Lead Case No.: OLT-21-001723
OLT Case Name: Spallacci Contracting Ltd. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Spallacci Contracting Ltd.
Subject: Application to amend Zoning By-law No. 6593 – Neglect or Refusal of application by the City of Hamilton
Existing Zoning: “E-3/S-1512" District- High Density Multiple Dwellings
Proposed Zoning: “E/S-1512" (Multiple Dwellings, Lodges, etc.) District and "E" (Multiple Dwellings, Lodges, etc.
Purpose: To Permit a mixed-Use redevelopment with 3 residential towers
Property Address/Description: 299-307 John Street South & 97 St. Joseph Drive
Municipality: City of Hamilton
Municipal File No.: ZAC-18-009
OLT Case No.: OLT-21-001724
OLT Lead Case No.: OLT-21-001723
Heard: May 11, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Spallacci Contracting Ltd.
P. Harrington
M. Barrett
City of Hamilton
R. McVean
P. MacDonald (in absentia)
St. Joseph’s Healthcare Hamilton, A
S. Snider
Division of St. Joseph’s Health
System
Niagara Escarpment Commission
K. Hare
A. Oberoi
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND D. ARNOLD ON MAy 11, 2022 AND ORDER OF THE TRIBUNAL
1Spallacci Contracting Ltd. (“Applicant”/ “Appellant”) appealed the failure of the City of Hamilton (“City”) to make a decision with respect to the Appellant’s applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) regarding the property located at 299-307 John Street South and 97 St. Joseph’s Drive in the City (“Subject Property”).
2The OPA and ZBLA are required in order to facilitate a proposed development consisting of 3 towers connected by a podium which contemplates 773 residential units, 708 parking spaces and 1,587 square metres of commercial area.
3On May 11, 2022, the Tribunal held its first Case Management Conference (“CMC”) at which it addressed procedural issues, the identification of Parties and Participants, a draft Procedural Order (“PO”) and Issues List, opportunities for settlement discussions and the setting of further hearing dates.
Procedural Matters
4The Tribunal canvassed the Parties regarding consolidating the appeals of files OLT-21-001723 and OLT-21-001724 pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure. Both appeals relate to the Subject Property and the Tribunal notes that it will be efficient and expedient to have the matters consolidated. The Parties consented and the Tribunal will accordingly make the appropriate order consolidating the two appeals.
5There were no issues with service of Notice for the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Sandra Marki dated April 19, 2022, which was marked as Exhibit 1.
Requests for Status at the CMC
6Prior to the CMC, the Tribunal received requests for Party status from St. Joseph’s Healthcare Hamilton, A Division of St. Joseph’s Health System (“St. Joseph’s”) and Niagara Escarpment Commission (“NEC”).
7St. Joseph’s owns the land which houses St. Joseph’s main hospital campus immediately west of the Subject Property. St. Joseph’s submitted that it has a direct interest in the outcome of the applications and can assist the Tribunal in adjudicating the issues effectively and completely. None of the Parties objected to St. Joseph’s having Party status.
8NEC submitted that the Subject Property is located within the Niagara Escarpment plan area and that the NEC is a commenting agency on the proposed development. None of the Parties objected to NEC having Party status.
9The Tribunal finds that both St. Joseph’s and NEC’s participation as a Party is necessary to enable the Tribunal to adjudicate effectively and completely, and granted Party status as requested to St. Joseph’s and NEC.
10The Tribunal did not receive any requests for Participant status.
Opportunities for Mediation
11The Parties were aware of the availability of Tribunal-led mediation and that requests can be made through the Case Coordinator.
12All Parties are interested in pursuing mediation in the coming months. The Appellant, the City and the NEC noted that they have had ongoing discussions which have been productive to date.
13St. Joseph’s submitted that they have not been involved in discussions to date as they have just recently become involved in the matter. The appeal relates to a non-decision and as such, there has not been a public process that St. Joseph’s could take part in leading up to the CMC. St. Joseph’s noted that they are interested in participating in any future discussions that the Parties engage in.
Procedural Order and Issues List
14Prior to the commencement of the CMC, the Appellant provided the Tribunal with a draft PO including draft issues lists of the City and the NEC. None of the Parties had any concerns with the draft PO.
15St. Joseph’s noted that they would circulate an issues list once they had an opportunity to review the relevant materials. The Appellant undertook to provide St. Joseph’s with access to a website created by its planner where all materials that have been submitted to the City have been posted.
Scheduling Hearing Dates
16Following some discussion at the CMC, the Parties agreed that a 10-day hearing would be appropriate. The Parties requested that the Tribunal schedule the hearing in the spring of 2023 to allow the Parties time to continue discussions and pursue Tribunal-led mediation if it becomes evident that it would be of assistance.
17The Parties jointly requested that the Tribunal schedule a second CMC in the fall of 2022 to further discuss mediation and possibly scope some of the issues. The Parties agreed to work together prior to the second CMC to produce a succinct issues list and finalize the draft PO. The Appellant undertook to provide the Tribunal with a final draft PO and issues list at least 10 days prior to the second CMC.
ORDER
18The Tribunal orders that the appeals of files OLT-21-001723 and OLT-21-001724 are consolidated in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.
19The Tribunal orders that St. Joseph’s Healthcare Hamilton, A Division of St. Joseph’s Health System and Niagara Escarpment Commission are Parties in this proceeding.
20The Tribunal directs the Appellant to provide a final draft Procedural Order with revised Issues List to the Tribunal at least 10 days prior to the second Case Management Conference.
21The Tribunal orders that a second Case Management Conference in this matter will be held by video hearing on September 19, 2022 commencing at 10 a.m.:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9391
Access Code: 927-921-077
22The Tribunal orders that the hearing in this matter will be held by video hearing on April 24, 2023 commencing at 10 a.m. Ten days have been set aside.
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 638-422-541
23Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
24Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
25Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
26Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
27The Panel Members are not seized, however, will remain available for case management subject to the Tribunal’s calendar.
28No further notice will be given.
29This is the Order of the Tribunal.
“C. Hardy”
C. Hardy
MEMBER
“D. Arnold”
D. Arnold
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.